Tag Archives: democratic accountability

Libya goes to the polls

by Rhodri C. Williams

Hamdulillah! After weeks of increasing tension over last minute objections to the allocation of mandates in what is to be Libya’s first properly elected and fully sovereign legislature, and months of increasing uncertainty over the interim government’s commitment to human rights and the rule of law, the BBC confirms that the people will now have their say.

Is Libya ready for the results? Robert Kaplan and Kamran Bokhari point to the new Libya’s “low level chaotic violence” as an argument for withholding “cold-turkey democracy” from any new Syria to emerge from that country’s ongoing bloodbath. But, by my lights, the Economist gets it on the money this time:

Building respect for the law, after 42 years of Qaddafi’s bizarre rule, will be the hardest task. Hundreds of pro-Qaddafi prisoners (some say more) are still in the hands of militias, who have also recently arrested an Australian lawyer from the International Criminal Court at The Hague after she had come to visit Saif Qaddafi, the colonel’s son, who is held in Zintan. The new government will have to act fast to tackle such judicial shortcomings if the country is to be put firmly on a path to the rule of law. A peaceful election would be a giant first step.

Beyond the policy argument – that democracy is part of the solution, not part of the problem – there is the intuitive rationale that will have struck anyone who has traveled to Libya recently. Saleh, who just undertook his seasonal shift to a shadier spot in Tripoli’s old town coffee shop, has registered. He had no idea who he was going to vote for, the list of approved parties hadn’t even been announced yet with less than a month to go, but he couldn’t wait to vote. If the Libyans are really to ever own Libya, it cannot be by the right of conquest alone.
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Nicholas Fromherz to guest post on the Bolivia TIPNIS debate

by Rhodri C. Williams

Land issues in Bolivia made their debut on TN last Fall, when a dispute over President Evo Morales’ plan to run a road straight through the center of the the  Isiboro-Secure Indigenous Territory and National Park (TIPNIS in Spanish) came to light. Commentators fastened on the seeming irony of Bolivia’s first emphatically indigenous head of state’s decision to compromise the integrity of indigenous land without even observing the constitutional necessity of prior consultation. At the time, I contrasted the problem of lack of democratic accountability in simultaneous land riots in China with the problem of overreliance on majority rule in Bolivia:

The rationale for recognizing the territories of indigenous peoples is typically the need to protect them – as minorities – from the effects of democratic decision-making processes they can never win. This is what makes both the failure to consult with the affected communities in advance and the proposal for a referendum now more than dubious. Even at the regional level, a majority can surely be found that would prefer commerce with Brazil to the less tangible benefits of living next to some of the world’s last functioning indigenous societies. At the national level, support for the road may be even stronger. Mr. Morales may be indigenous, but he is also an elected politician.

 As subsequent analysis would in fact demonstrate, “indigenous peoples” are no more a monolithic category in Bolivia than minority groups are anywhere, and many of the key backers of the road were also indigenous groups with diverging economic agendas and political links to the President. Accordingly, even as protesters forced the government to negotiations by October, the outcome of the issue remained uncertain. At that point, I quoted an interesting commentary in Foreign Affairs chronicling the “tremendous damage” the mishandling of the TIPNIS issue had done to President Morales’ credibility. Unbeknownst to me, the author, Nicholas Fromherz, was a fellow blogger at South American Law & Policy. When Nicholas later picked up on a TN piece on Colombia, I began to realize how much good, locally informed analysis is out there on the TIPNIS controversy.

As a result, I am very grateful to Nicholas for agreeing to post on TN with an update on TIPNIS that will pull together some of the threads from the various media and blogosphere sources Nicholas covers. To update the story a little since TN’s last coverage, South American Law has chronicled the progress of the protesters, their arrival in La Paz, Morales’ initial acquiescence to their demands, and the adoption of a bill in late October quashing the road project. However, by December proponents of the road had organized, leading to legislative reconsideration of the TIPNIS bill and a decision by Morales to revisit the issue in consultation with all affected parties. Nicholas also provided an analysis of the requirement to consult in the Bolivian Constitution, linking it with broader research he is undertaking on whether resettlement standards should require actors to merely seek or actually secure informed consent.UPDATE: Please see Nicholas’ guest-posting here.